SM GOURIBALA DEBI Vs. PROBHAS CHANDRA BATABYAL

JUDGEMENT

(1.) The defendants are the appellants in this appeal. The suit out of which it arises was instituted by the plaintiffs for establishment of their title to a tank and its banks which bear Nos. 1621 and 1622 in the settlement map of village Ajabnagar The plaintiffs claimed nishkar right in this property alleging that it is included in the Taidad of Bhagirath Batabyal, and asked for the declaration of title, confirmation of possession or in the alternative for recovery of possession and a declaration to the effect that the record of right is wrong. In the record of rights, it may be stated here, the property is recorded in the names of the defendants. The defendants case shortly stated was that the property is included in another Taidad called Becharam Batabyal's Taidad and that in the ordinary course of succession they have acquired title to it and are in possession of it.

(2.) The Munsif made a decree declaring the plaintiffs niskar right to an undivided 2/15th share of the property in suit and confirmed their possession in respect of that share.

(3.) The defendants preferred an appeal and the plaintiffs a cross-appeal. The result of these was that the Subordinate Judge declared the plaintiff's title to the entire 16 annas of the property as against the defendants, and confirmed their possession therein and declared the record of rights to be wrong.